The Sun. — London, England, 1810-08-11 00:00:00

LAW .tiEPO.IIT. • COURT OF CHANCERY, Auc. 10. CeDD.RIN(iToN V. SIR P. PARKER. . This was an application for the appointment of a - Receiver overan estate in Antigua, of which the de - tendant_was mortgagee in possosion, and the plain t iff•was the second mortga - gee. The plaintiil rested his application on the ground of improper-manage ment on the part of the person in Antigua, acting for the Mortgagee ih possession. He was a person .of - high respectability, being the lion. Rowlandl3nr ton, Chief Justice of the Island, but even his ho:d . ing that high judicial . charaoier rendered hint not the. most eligible 'perSon to ac.t as manager cif Flantation in the island.; besides, Mr.'Burton him • self was the proprietor of the negroes, whom be employed on the.plantation. Of course, he, in this respect, combined .in his Own 'person .the incon sistent 'diameters of manager of a plantation, the work of which it was his duty to 'have done at the least possible ettpence, and of proprietor of the ne 7 groes,‘ who were , to'do that work, and- for whose labour it, was. his interest to procure the best possible price. \ ln addition to all these circumstances, the -manager in Antigua bad not given in his accounts sit , -e the year 1800, and the ; ,affidavits for the plaintiff went to charge that by proper ma liaoement the whole debt due to the defendant ought to hive been paid,- whereas, by di,: present management, both the plaintiff, who was the se , 'cond mortgagee, and even the defendant himself, though in possessionovere in danger 'of'losing their . , debts. - This application had lain over for some time, to enable Mr. Burton to make an affidavit as to the - balance atttfally due to the defendant. This affi davit he had now filed, and it bore, that to the best of, his knowAedge _and belief, from all that he had been able to see of the accounts,. there was a ba - lance due'to the defendant at March last,, of .1 c,40.. 1 To this affidqvit the Counsel for the Plaintiff jetted, that it - was not satisfaaqty, as h proceeded on the sheaving of , the very accounts, :which the plain ' tiff complained of as being ineorre6t. Mr. Burton had in.. his affidavit,' carefully, avoided taking any • burden on his conscience as to what was the Oual state of accounts between the estate and the defen dant. . . For the defendant, it was contended, that the af fidavit of Mr. -Burton was quite s4tisfa4tory ; and•it was an established rule of the. Court, that no receiv er could be lei in on 'a mortgagee in possession, where it could not be shbven that he was already fully paid, or unless where a tender of the'sum due to hire was ma:fe. The Li,eD CHANCELLOR laid it down that a re ceiver could not be let. in ,on a mortgagee in pos ses;ion,, whose claim was not fully satisfied, provid ed the mortgagee or his manager, regrilarly gave in their accounts. Where this was not the case, how . ever; the Court' had a right to interfere. There were particular features in this case winch could. not enter into his Lordship's consideration. It was nth for . hini to judge of the delicacy of a Chief - Justice in . beCorning the manager of an estate 'of, " the kind ; or,. of the delicacy of his employing his ownmegros,.ll) the cultivation of it. There,.were cieeudistabees which might cause - particular items of the accounts -to be_ more solely looked into ; but . they could have effe& on his present judgment. :All he had now to look to went to these points ; ' , bad the accolnts been 'duly rendered, and, was the affidavit 'due to the defendant satislatlory ? ,With the view of_satisfying himself on these,: heads, he should look into the affidavits. 7 FIELD V. HON. This was an action for pulling down the plaintiff' s pew in the varish church of Chesham, and disturb ing him in the enjoyment of it. It appeared - that the plaintiff lately came into the parish, and wishing a pew, took a'fancy to the singers' gallery, and with the assistance of the Vicar and the Vicar's Church warden, but against the consent of the singers and the most respectable inhabitants ; inclOsed a part of it to his own use. The singers, displeased;• left the - church, and the greater part of the inhabitants fol lowed their example. The Archdeacon, at his vi sitation, ordered the pew to be restored to the sing- . ers. The plaintiffs add his friends, the Vicar and his - Churchwarden, refused obedience, and surreptitiously obtained a faculty for the pew in question from the . Vicar-General's Office at Lincoln: The Arc!idea 'con declared Such:faculty was invalid in his archdea conry, except it had been granted (as it was not). during the Bishop's inhibition, and he determined to hive it recalled.—The defendant having - more zeal . ' •-• than prndence, knowing there' must be great delay . in the proceedings to annul the faculty, took the law into his own hands, and pulled down the enclosure, and the plaintiff commenced his action. The Judge was of opinion the defendant could not justity , what he had done; but as the. plaintiff had no title; except on his faculty, the point Was sailed Mr the opinion of the Court of King's Bench, whether the ViCar-General could thus invade the Archdeacon's jurisdiction ; -and till this question, is - mottled, there , remains no harmony in .the parish of Cheshani.—Damages, 81. subject to - the opinion of the Judges. GRUTCLILLY V. 'FRY. - This was an application fur an Injunaion, restrain:. In; the defendant, who had been in parMershiP" with the plaintiff, as an attorney, but whO hadolterwords, and ,previous to the final dissoltitiOn, transaaed busi ness in his own individual, name, from receiving any monies due to the co-partnery concern, or from set thug or compeomisi%any claims in which they were interested. . . The LORD CHANCELLOR• granted the InjuhaiOn, the Rule to be served immediately. COURT OF KING'S 13ENCH,!Auc.7. BELT. V. SLOE. This was an action of Trotter brought by the plaintiffs, who are the Aigtiects under a Commis sion of Bankrupt, taken out against . a person of the name of Andrews, who kept the Royal Oak Public house at Brighton, :to recover a Deed of AsSignment of the Lease, &c. of that House, granted by An- LONDON: Printed by RldliAl At the SUN.OFF, Brews to the &fen:lm - It-, and charged to have been tnxte in fraod of Andrews's Creditors. • • ' From the evidence' it appeared, that .Andrews, having quarrelled with a neighbour, who, in conse yienee of his tiring a gun at him, had threatened to have hint indicled, found himself unconifortably situated at Brighton, acid was deterrnmed.to leave that place. He accordingly entered hit,red into an agteeruent with the defendant . for the lease of his house, purchase of his stock, &c. at the price of• 800 L The one half of , the shin he rvceived from the defendant, and with it quitted l;righto>•t; but the other half he left v,rilt his Wife, to s'atisty any de mands be made against him., Shortly after this transaaion a Conainissi'ut of Bankraipt was taken out against Andrew , , and the deed Of assign ment vitas now claimed tote deli,ered having been granted for the purpose of defrauding his cre ditors. ' For the defendant it was ccntend,,d, that AndreWS had not quitted Brighton trout emharrassmenis in hisT circutustance:,,fint trout mental inquietude. Neither, however,. was Andrciws 'a trader r w it him the nfean ing of the Act. The only acts of trading, beyond the retailing of beer, &c. in his house, proved On 114 trial, were, his having on one occasion ' sold two bottles of brandy for the use of Mis. - Fitzherberes family ; and on another occasion, two bottles of wine to some oilier person. LORLELLENBQ36IGIi was by pp means satisfied . that the deed of assignment could be Conceived to be a fraud on the creditors. lt was., on the conirary,M transaction which seemed to hai , e been gone about With the utmost deliberation and openness ; nor, did it appear that Andrews had left debts which the 401. in th...! Imi - ids of his wife would not be Suffi cient to discharge. As to the fact that Andrews being or not being a trader,. it bad never yet been detur mined, whether the mere cireurn,tanee of -a publi can's -sending out his beer in pots, rendered him subject to the Bankrupt laws. If therefore, the Jury were of this opinion, and built their verdict on that ground, they would please say so, that the point might be reserved for the consideration of the Court; As to the sale of the two bot!le;of brandy; and tkt o bottles of wine, these Were solitary instances, and, as such, could not be taken as evidence of a regular trading, unless they were proved ..to be part of a system or train of .similar dealings, which they clai not seem to be. If the Jury, however, thought that this circumsta'nce, or the sending out of potter in pots, constitutdd such a trading as rendered Andrews subject to . the Bankrupt laws, they would .say so;. and if they also, thought that the deed was fraudn , lently granted, that, in itself was a sufficient sa of Bankruptcy ; so that , all these circumstances being conjoined, they would find for the plaintiff. If they were unSatistied on any of these points they would find for the defendant. s The Jury round for the defendant ; stating it to be their .opinion; that the sending out of beer by a publican in. his pots, was not such a trading as sub jected him to the Bankrupt Laws. COURT OF COMMON PLEAS, Av.:. 4. JOHNSON V. BARKWAITH. This was an a&ion brought by the plaintiff, the owner of a boat called the Gurney, of ten or twelve tons burden., against the defendant,, the owner of a sloop called the Stranger,' (or the ,value ,of Plain lief's boat, and 43 hampers of crabs and lobsters, which it was conveying from Cromer, in Norfolk, to the London market; all of which .were lost by defendant's vessel running foul .of and sinking the boat. . It was stated -by the,master of the frshirig-boat, and a young man who was on board with him when the occurrence happened, that,.on the morn ing of the .29th of April ; as they were sailing through a part of the river called the Swin, right befor.e the wind ; they observed the defendant's sloop to windward of them, and to windward of the sloop was a brig. Seeing the sloop coming right against the boat, the master called out to them to port the sloop's helm; instead of . which, they carried it to leeward, struck the boat in the mid ships, and sunk her. The master of the boat, who had a wooden leg, not being able to jump aboard the ? sloop, was left clinging to the mast for nearly an hour, in immi nent danger of . his life, before the 'slOop's boat was sent to•save him. It appeared that there was suffi cient sea-room for' the sloop to have avoided the boat by going either to leeward or windward, The Captain of the' . Stranker, and the Captain of the brig which folloWed her, attributed the mis fortune to the helm of the boat, not having been starboarded, which would hdve carried 'her beyond the reach of the sloop ; but that; on the other hand, the sloop's helm could not be ported, with out being run. down by the brig';'and the latter could not alter her course without. running on a sand-bank. . - It was held, hoovever, that -a-vessel following another, and gaining on her, had a right so to shape her course ag to keep clear•of the foremost svessel ; the onus of keeping clear of each other should not be left on the leading ship.—Verdiel for plaintiff, 1421. . GRONEIq V. DE LA CAAR. This was an. action on a Policy of Insurance, on the • ships . Sophia, Magdalena, Julius Ccesar, and Jane; which were captured by the' Danes on their voyage from Archangel, to London. The crew of the latter vessel, howeter,- succeeded in retaking and carrying her into a British port, These rafts being proved, -and no defence set up, the ,Tury returned a verdift for plaintiff, ~ .oject to arbilra bon with respect to the salvage the retaken . Almeida is considered a strong fc.tress4 and our t readei4 will recolleti that the evacuation of it by the - French garrisoi • s one of the principal Mats ofTered in excuse of the onvention of Cintca. On the night of Saturday last, as Timothy Half penny was returning home tromTralee to Bunnegar, near Listowell, he was `fired at . by some assassin, but escaped unhurt; the terror produced in him by the attempt, added to his advanced age and infirmi .ties, caused his death speedily after. ,EIERTFOI?D ASSIZES. • - • • THURSDAY, AUG: g • . • This morning Lord Ellenborough and. the. Lord Chief Baron arrived in this,-town, for the purpose of holding- the Assizes. They were,attended to the TOwn Hall by the Corporation, with the esual formalities; after Nyliich they went to the Church, and . heard divine service; returning thence,, they immediately proceeded to the business of the Coun ty. There was but very little business either Oh the 'Civil or Croi;vn sides. , :1:' GREENAWAY V. MUNN. The plaintiff in thts.caose was the proprietor of a Watford 'coach, and, the defendant a tradesman of that town. The ad ion was -for •slander, the decla ration imputing to the defendant, 'that he had said of the plaintiti,thA " he had robbed him of a fish, and a fifty pound note, which had been sent by his coach to him in a basket; that he never got the fish egain,,but that after souse days, though he did not get ,the identical note again, yet be got 601— In notes of ditferenrde.ci iptions." r • . To . prove, this, • three Avitnesses were called, who in - substance stated, ildt a conversation. took place at -public-house respeCting a new Rickmansworth coach which was aboUt to be set up. Upon this the defendant observed, that they, would now pro bably get their parcels safely delivered.. He then went on to add, that abasket,had been sent to him from town, containing a salmon and ,a 501. not , :, which never arrived ; that4re was about to have .ar rested the man who had sent him the money, but on, 'inquiry, he found it had . been'sent by the plaintiff's coach. He immediately applied to the plaintiff' re- , spettingthefish and the note, who at first ,denied that he had received any 'nen parcel, hut at last ad, tinned there- was a fish which 'had been lying about the coachLoffice, and which had either been thrown on the dunghill, or eateu by the servants. At last, however, he :went to,the bureau •in the room, and took on a parcel of notes, which he threw at ihe de fendant, telling him there .was 601. a i ndhe,was lucdcy in getting it. Nona of the witnesses, however, proved his pre 7 - cise words as laid in tht: declaration—the plaintiff was therefore-non-suited: FLOWER V.. CASS. This },vas an anion for the.price of 16 quarters of malt. The defendant. had purchased 270 quartets of Malt of theplaim iff at Ware, and sent his barge to fetch it ; .when the cargo was delivered at London there were only 260 quarierss and the question was, whether 270, or only 260, had been put on board at Hertford? A witness, of the name of Banard, who lived with . the plaintiff, stated,. that he kept the , tally of the malt as • it was put on board, and he was quite pdsiti‘e•that 270 quarters were •shipped in the barge.. On cross-examination, he said he himself kept the account, and was never absent during the whole time it was shipping. The shipper, , who was employed by the defendant, counted it as it lay . un board, and agreed it was all right. - , For the defendant, the persons on board the barge were called, and. they provel that they delR - ercd' iii .London all the malt they received at tlert:Urd, anti none, they were sure, were stolen {tom - the 'vessel on its passage. When they came to -London they' had but 27(Yquarters in all, and they had ten qupr. ters on board before they began to take in the Malt from the plaintiff. - Banard, they said; was not. pre sent the whole -time it was loading. - A person ot• the name of Jones was the man who stowed the lading, and kept an account :for the defendant. Jones was called, who said he kept the account, and. had no doubt but he made the Mistake by taking into the account the ten quarters which were pre liodsly on board the barge: As son as' they -ar rived in London., and the short quantity was. disco vered, he ditedtiy*satd - the mistake must have arisen in that manner. The Jury found a ver 161 for the defe n dant, stat ing that they were of opinion that the ten - quarters "had never been delivered. . CROWN SIDE. BEFORE THE LORD CHIEF BARON: . , There were only four felonies on the C ro w" ) side. Mark Smith and John Saunders were convicted of a burglary, in breaking into the distillery of Soho Evans,:and stealing two. - gallotmot gin; two 'casks, and souse other articles. Smith was the servant of the proecutOr, and had worked at the Still-house. They both received sentence of Death. ..eituanciir.Yeaman was convicted of stealing se-. veral pairs of shoes, and other articles, the,Property of James Thompson. The prosecutor was a shod keeper•at Hertford, and the prisoner worked for him• in his business as a shoetnakez ; but the prosecutor having reasow, to su'spee his honesty, •caused his lodging to be searched, where he, found the several articles in question.' He was sentenced to 7 years transportation.‘ The Assizes ended about five o'clock. BUCKINGHAM ASSIZES. The Assizes for BuCkinghamshire commenced on. Monday last.. John Carey Cole was tried ou three several indic merits for an abominable crime. Tae pisoner" was tid years old, and was an usher in academy, and the vidirns of his brut.d paosion x%ere 'titer of the boys of the school; who, awed by toe situation the prisoner held there, could not resist him. On the first indictment he was acquitted, in consequence of the boy being too young. to understand the ne cessary questions put to him to substantiate the crime; but on the two Cast - he was found guilty, re ceived sentence of death, and was left for'execu . n • on. In the Nisi - Prins Court, an action was trie. 'ie tWeen a labouring man, plaintiff, and a baker,. for - criminal - conversation With the plaintiff's wife. It came out in evidence that the plaintiff Mart led his wife, then with child by him, knowing of her hav 7 ;rig beenfrail with several persons; and that he still, lived with his wife in the same state as before he <- • of e't • catfle -to .tlie knowledge of the defendant''; intialscy with her: It was therefore contended, that the ac tion, could not be maintained, the -form of which was, " that the'Plaftitiff had lost the comfort, society and assistance of his wife ;" but the Judge over-ruled the objectico, recommending, however, to the Jury to give small 'damages.—The gave the plaintiff 51. POLICE. MANSION-ROUSE. Yesterday Richard Barodt was charged before the Lord . Mayor,.-by John . Ric kett, with privately stealing from his.person:33l. Bank Notes. Mr. Rickert said be was a seat - airing' man, and had the day before come from Chatham , where he received 361. in -Roche s t er Bank Notes , whiCh he - got changed' for Bank of EnglaiidNotei , which he had in hk pocket, and employed the pri soner to carry a bundle for him, when he had ever}' reason to suppose he had stolen his Notes from no other person being near him, but the prisoner , and the witness being rather in liquor he exposed hi- 4 notes. The prisoner said -he was a. journeyman and was at the King's Head in Wood-street, wheil the witness came in there, Muchin lirluor, and e:Y posing his money ; that he nizre'ed to go with 1) 0 to carry his bundle-, tc . > Sniithlie,.l4; and that by th e way he minsed his Notes,. whiCh he chargedl with taking. The Master of the public-how::‘ the prosecutor was much in liq;ior, cnd had exposing his lotes_tO stringers in=.:the tap•roonl.; ihat he in vain repeatedly entreated hi m to t a ke a bLl'i and he wobia take care °this r for him ;Ili' . that he believed. the' prisoner was intfoc - -fra of 0 ", charge.--The Lord Mal or- thwharged the priiooo. ior A ant. of proof, .no'properT hri g found . tve: blot ; and desired the prosecutor, it possible, to but the ifumbers of his Note's. GUILDHALL, AUG. Io,—Mary. - Ctrty was i.;;'rg" ed by Mr, Itimington, lined-draper, of ,ht - wg't e ' street, _with having stolen a piece of cotton. , his shop. , The prisoner, accompanied by ano l .4 d woman, had entered th e s h op on The rs d ay eyetolTig' and inquired the. price of several articles. shopman,'suspe6ing titeir intention,' Watched then'' aud observed the I°r honer take a piece of , cotta : and Conceal it in her clothe s : She Wen left. 11) shop, but was immt:diately pursued a n d in,eog' ( back ; when she was perceived to drop the star t ' property. She was fully committed. An information was laid aga i nst Mr.-Morris, ref 5 St. Paul's church-yard, for h av i ng on his preil'is; nine Bandana handkerchiefs, valu e d a t 11. 75. ‘ 91. : trary to the Ad of Parliament p ro hibi t i ng tlwir 111 " j portation. Several excise' officers -attondecl, stated the goods to have been seized on the 15. th y' last. Mast. The penalty atta c h e d to t he offeo t6c; .treble the value of .the goods seized ;. but the:Ott i l t ' y Magistrate (Alderman, ShavV) mitigated the 1) 0)11 to 21. Os. 6d, one-half of the sum f or feit e d: . i Three otherpersons . were convicted in ntilig'' o , ,penalties; fdr ving French es in their posses ,it) J The Excisei!t!iiicers appeared mot , a , little. ch o l 2 . fi l t be that the Wyrthy Magist ra t e s h ou ld t h us , o iteti penajties, and deprive them of their antic;p•ate.o P' t o Oile' of them objected to the po'wer of the mitigate; th-pewilty, an&qtiot e d, t h e A c t of with, great . ; was , adaninishecf bc• SiiJA,NIES SHAM'topay more Vie'}" to the Court, which having the' rnatier befor"c was cettainlycetripetent to - decide. .. ; - ` 8 'of Bow-sTaEF.:r.—On Thursday one of the d!' : " -r ti t.1 the Waggon Train was bron g ht to the Office of the Horse Parole belonging t al o e s, s i Ie , with stealing three cart hones, the property Of be w Willan, who sent him t o P ortsmout h to hring• l - o p to 'London, but instead of Nrk IliCh h e sari 'the road. He was committed ter furilicr'e , ; 33 '.., l ••ll tion.—A-two-p=nny letter- c arri e r was charged' w' n stealing a letter, containing notes,,whicli hC 'i' 3 , o l' trusted to deliver. He was. comtn;tta for far eXactffilinpii. JEJAP,AAII•6 CRAVEStHD, AUGUST 9. ei401 1 " Arrived,-the Pearl, Patterson, Union, Duff, and . newt, &bin Lisbon. " ' • • " • Sailed—the Brison,. Willrnott,. for HonJuras ; Wild; Champion, for Si. Thom.Ws FavOurite, Freema n' Goree; and the Recovery, Alexander,:for Trinidad.. • • • - • BIRTS. ‘• •••• te Lately, the Lady of Brovvnlow H Mathew, .Esq. of a so n' JJ At Pentonville, the Lady or Thulnas VVitl7LOrc, • f. s q . f the 4egiment,• of a Son. MARRIED. f . 54i On Thursday last, at Hampstead, David PoWel l ,o e of Leighton; Essex, to Miss (3'. Hoare; 'daughter of , e s Hoare, Esq. r P r ' A The same day, at St. james's,'Clerkenwell, Mr• Burt,' of Cheapside, to' Eliza, only daughter of it s ). Barrow, of king-street, Clerkenwell. - Iry Yesterdart.mornitig, at Windsor Church, Mr. . ; . ig e. Manager of the. Theatre of that town, to Mi s s Martbr,' Lower Brook-street, Grosvenor-square; and one of 0 1 ' cipal Performers of tire same Theatre. f 5 4; At Castlebar, .by special licen s e. Pm Rfor 6r '',.'ek e Or Lieutenant the Clare itegitnei4; tb Miss Catha y ' ,4 . nora.Bourke, daught 2 r of the late. fames I; Ike , . t o Castle-I . 3ourke, in the Cotinty of Mayo. Thomas Artlistrong, Esq. of Sackviiie-street, Miss Bever% daughter of Edward Beier, Esq. dogan-p lace, Slcane-sr rect. DYED, , 3‘ h e • Yesterday, at half past t locic in-the morni rl i"A;p l ",,i, Earl of V.oehaniptori, he •i/ ° ,",,;1: 01 rine I :al?el V,litsirr.llr, daughter ul and wife at th. .Isight Han: Nichobs• vkus!r r !rt: so ot 0 , The same, day, at Cl2e:sea, ' • Mr. Wright, ot Hyde-strea. Bloomsddry, Soliciot" . ; On Wednesday last, P b rarsiow, in ssex, _Jos e ° at - ' t rl pa on tli e Esq 2 . , I • did f 1 th ult. at sea, on her passage to Eng'" - tl recovery of her health, an Mrs. Orl , wile Lt Ordersoni 'of the Isla!, I of Itarbadoes. r(, The same day, Mrs. Lilt. Wardel I, aged 45 3' 0 1 . 4 3 dt , '", Capt. T. Wardell, Patriot-squire, 11.“..km•v, a" a ,,,d ) 0f , 13. D. Duppa, of Malutaine- Hall, in the , Kent. .„ Stara' On the ist inst. in the 92,d •yelr of. his. age, I"'4,, s iii Geary, of Dean's-yard, Inc oldest inhabitant al ' ster. I' I( 1t...!: -- il i• i I (......n..) V &STEN DA Y. i !Ulla Stock, IS3 IS Z 165' India Donth, 255. 24: 4 v i , Excheq. !Slit:, 3 5 . Ottmium, i 11,4 15 . Imperial 3 per Gel''' t yl Ditto Atiro:" r 69i CON i S. for 29th n 5 ,, _.l Bank Stock, - Navy S per Cent. 991 Irish 5 per Cent. 4 per Cent. 851 3 per Cent. 69,i 3 per :2t. Cons. 68i 69 68 I Bank L. 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